Mitigating - Aggravating Factors- General Information the penalty phase

[JBean]

Mitigating factors allowed in Florida:

The mitigating circumstances that can apply in any given first degree murder case are those set forth in Florida Statute § 921.141(6):

1. § 921.141(6)(a): The defendant has no significant history of prior criminal history.

2. § 921.141(6)(b): The capital felony was committed while the defendant was under influence of extreme mental or emotional disturbance.

3. § 921.141(6)(c): The victim was a participant in the defendant’s conduct or consented to the act.

4. § 921.141(6)(d): The defendant was an accomplice in the capital felony committed by another person and his participation was relatively minor.

5. § 921.141(6)(e): The defendant acted under extreme duress or under- the substantial domination of another person.

6. § 921.141(6)(f): The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law were substantially impaired.

7. § 921.141(6)(g): The age of the defendant at the time of the crime.

8. § 921.141(6)(h): The existence of any other factors in the defendant’s background that would mitigate against imposition of a death sentence.

http://www.deathpenaltyblog.com/in-depth-look-death-in-florida-2/

There's also a brief explanation of the process in that same article.

I still think #8 is about the only thing she would have going on if she is convicted.
We were talking on another thread how a mental imbalance or psychological disorder could possibly be an aggravating factor in some cases. i wonder if that is true in FL?

 

[BeanE]

Page 81 (pdf page 91) begins discussion of the mitigating factors, followed by what can not be considered as mitigating factors, and then proof problems with mitigating factors.

It helps to use the table of contents beginning on pdf page 5 beginning with section 6.8.1 to find the different sections for the different factors.

Florida College of Advanced Judicial Studies

Conducting the Penalty Phase of a Capital Case (2009)

http://www.flcourts18.org/PDF/Eaton/2009_AJS_Pen_Phase_Mat.pdf

 

[BeanE]

I still think #8 is about the only thing she would have going on if she is convicted.
We were talking on another thread how a mental imbalance or psychological disorder could possibly be an aggravating factor in some cases. i wonder if that is true in FL?

bbm

The document I just posted has sections for the aggravating factors for Florida.

 

[RR0004]

Maybe this is like the OJ Book: "IF I did it"

The defense can argue that she didn't do it, but IF she did it, all these mitigating factors could come into play. LOL

...and didn't Todd M. give us a preview of that...and isn't he gone now?

 

[Tuba]

Yes, in the Lyon training instructions, if the jury finds guilt, the line of her oratory will be that the jury has convicted the wrong offender "in our estimation" but the defense will now narrate the defendant's personal history to assist the jury in its next decision as to the sentence.

 

[BeanE]

Per the document I posted a few posts back, it looks to me like these are candidates for KC. Mitigating factors are given differing weight. I really think they're going to have to say KC was abused.

6.8.8 AGE OF THE DEFENDANT

6.8.9 OTHER STATUTORY MITIGATING FACTORS (1) Family background

6.8.9 OTHER STATUTORY MITIGATING FACTORS (5) Mental problems that do not qualify under other statutory mitigating circumstances

6.8.9 OTHER STATUTORY MITIGATING FACTORS (6) Abuse of defendant by parents (physical, mental, or sexual)

6.9.2 DEFENDANT’S POTENTIAL FOR REHABILITATION (LACK OF FUTURE DANGEROUSNESS)

6.9.4 GOOD JAIL CONDUCT - INCLUDING CONDUCT ON DEATH ROW

6.9.7 THE DEFENDANT HAS THE SUPPORT OF FRIENDS AND FAMILY

 

[JBean]

Per the document I posted a few posts back, it looks to me like these are candidates for KC. Mitigating factors are given differing weight. I really think they're going to have to say KC was abused.

6.8.8 AGE OF THE DEFENDANT

6.8.9 OTHER STATUTORY MITIGATING FACTORS (1) Family background

6.8.9 OTHER STATUTORY MITIGATING FACTORS (5) Mental problems that do not qualify under other statutory mitigating circumstances

6.8.9 OTHER STATUTORY MITIGATING FACTORS (6) Abuse of defendant by parents (physical, mental, or sexual)

6.9.2 DEFENDANT’S POTENTIAL FOR REHABILITATION (LACK OF FUTURE DANGEROUSNESS)

6.9.4 GOOD JAIL CONDUCT - INCLUDING CONDUCT ON DEATH ROW

6.9.7 THE DEFENDANT HAS THE SUPPORT OF FRIENDS AND FAMILY

That was a great link beanE. if you keep reading there is even more information and specifics about additional statutory and non statutory mitigating circumstances information.

 

[BeanE]

That was a great link beanE. if you keep reading there is even more information and specifics about additional statutory and non statutory mitigating circumstances information.

Yes, JBean. I did read them.

In fact, I included some of them in what I listed in my post as candidates.

They're the ones in my list that begin 'Other Statutory Mitigating Factors', and the non-statutory follow those.

But thanks for suggesting that I "keep reading"...

 

[JBean]

Yes, JBean. I did read them.

In fact, I included some of them in what I listed in my post as candidates.

They're the ones in my list that begin 'Other Statutory Mitigating Factors', and the non-statutory follow those.

But thanks for suggesting that I "keep reading"...

you was a collective you for the other people that might possibly be reading our posts, because I didn't see where you had labeled each section of your list. Certainly not meant as a slight to your research abilities because I know how hard you work and the pride you take in the information you add to the forum. often time i find that people don;t click the links and only read what is posted. So, i was just trying to make it known that there is additional information at your excellent link. Thanks beanE

 

[Doc B]

There are seventeen aggravating factors in Florida. Here are the ones I think that apply. Sorry if this has been posted elsewhere here. The rest are in the link provided below.

(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)

(4) The defendant committed the murder after substantial planning and premeditation

(11)The victim of the capital felony was a person less than 12 years of age

(12)The victim of the capital felony was particularly vulnerable due to disability, or because the defendant stood in a position of familial or custodial authority over the victim

(16)The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification

http://www.deathpenaltyinfo.org/aggravating-factors-capital-punishment-state

 

[panthera]

So, maybe when i was kidding around when i said they might present and "IF she did it" scenario i was not so far off?
I just can't see them alluding to an accident if they have just put on a SODDI defense.
I think they will avoid the issue of guilt or innocence in the penalty phase altogether and just try and paint KC in a human light, one with defects and all, but still a young mom with no history of child abuse. Then perhaps a handful of charcater witnesses confirming how much she loved Caylee. jmho of course.

This sounds the most plausible of what I've read so far! Even bringing up an "accidental death" connects Casey to Caylee's death which I don't think they can do if they want to appeal the conviction. MOO

 

[mysteriew]

Mitigating factors allowed in Florida:

The mitigating circumstances that can apply in any given first degree murder case are those set forth in Florida Statute § 921.141(6):

1. § 921.141(6)(a): The defendant has no significant history of prior criminal history.

2. § 921.141(6)(b): The capital felony was committed while the defendant was under influence of extreme mental or emotional disturbance.

3. § 921.141(6)(c): The victim was a participant in the defendant’s conduct or consented to the act.

4. § 921.141(6)(d): The defendant was an accomplice in the capital felony committed by another person and his participation was relatively minor.

5. § 921.141(6)(e): The defendant acted under extreme duress or under- the substantial domination of another person.

6. § 921.141(6)(f): The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law were substantially impaired.

7. § 921.141(6)(g): The age of the defendant at the time of the crime.

8. § 921.141(6)(h): The existence of any other factors in the defendant’s background that would mitigate against imposition of a death sentence.

http://www.deathpenaltyblog.com/in-depth-look-death-in-florida-2/

There's also a brief explanation of the process in that same article.

I look for several of these to applied.

1. She has no history of violent crimes.
2. They could probably come up with a history of instability.
5. The family feuding and the jealousy that KC felt over not being able to parent her child caused duress.
6. A psycotic break could be applied here.
7. Age of defendent. KC was young, she never maintained her own household and was never allowed to be a full parent to her own child.
8. The family background and dysfunctions would fit in here.

IMO

 

[Just Jayla]

This seems to be common practice in many trials. The defense argues their client is not guilty, then after the jury comes back with a guilty verdict, the defense argues why their client should be spared the harshest punishment. I could never understand how the same jury could be expected to believe the sentencing arguments (sad childhood, mental illness, etc...) after the defense has tried to sell the not guilty argument, unsuccessfully.

IIRC, AL made an indirect reference to this in her speech in Florida (the infamous speech)...She mentioned something along the lines of sneaking some possibly exculpatory evidence/storyline into the DP phase even though it does not belong there-She warns that this might not be allowed, but for defense attorneys to try it anyway.
For example, during the penalty phase AL could say that they still do not feel the duct tape was a match (even if it is addressed and gone over during trial). The judge might strike it, but she puts it out there anyway.

 

[Just Jayla]

I look for several of these to applied.

1. She has no history of violent crimes. This could be a solid mitigator-The only reservation may be if the state is able to flesh out some of those pre-murder 911 calls to the A house, to find out if any of them involved KC-But none of those 911 calls were for domestic violence, IIRC.
2. They could probably come up with a history of instability. I believe she is unstable, but there are several people that have testified or said in interviews that KC was fine growing up. I think we saw some atricles linked here regarding sociopathy and that it does not fully manifest until about 18, so they could go with that-But I would be hesitant to label my client a psychopath, as they tend to be measured, cunning and purposeful people.
5. The family feuding and the jealousy that KC felt over not being able to parent her child caused duress. Could also play well with some jurors, but have to be careful about jurors that see this as spite towards a woman (CA) that went out of her way to care for a grandchild that was born into a less than ideal situation-Some parents kick the girl out and tell them tough noogies, good luck
6. A psycotic break could be applied here. Yes, a pschiatrist/ologist could help a lot with that, folding the pre-med into that whole theme-Could it be argued that even Andrea Yates premeditated to some extent? Possibly.
7. Age of defendent. KC was young, she never maintained her own household and was never allowed to be a full parent to her own child. This is the primary reason I know she did it-she broke under the pressure of not even having two dollars to put in her gas tank, let alone feed her child and have some semblance of a social life. She could very well be treated like other girls who hide their pregnancies and throw their babies in the trash when they are born-These girls rarely face pre-med/DP charges and are seen as unable to cope with the responsibility of a child.
8. The family background and dysfunctions would fit in here.

IMO

Great list, I think these things will be used in the DP phase, but had to give it my best shot at breaking them down anyway!

 

[Doc B]

I have been stewing about Andrea Lyon in her dismal attempt to get the Death Penalty removed in the Casey Anthony Case. I am sure we haven’t heard the last from her but I can’t see where she can or will be successful.

In the State of Florida v Michael King the mitigating factor of no significant history of criminal activity did not prevent King from getting the Death Penalty. In a nutshell, the aggravating factors outweighed the mitigating factors and he was sentenced to death for the murder of Denise Amber Lee.

http://insession.blogs.cnn.com/2009/08/31/detectives-daughter-murdered-king-faces-the-death-penalty/

http://www.heraldtribune.com/articl...6?Title=Michael-King-gets-death-penalty&tc=ar

In North Carolina State v Brown: “Accordingly, the 1986 Virginia conviction does not fall under the exclusionary provisions of .... (1) defendant has no significant history of prior criminal history, ... to any case in which this Court has found the death penalty disproportionate…”

He murdered an infant for God’s sake. What could be worse? Nothing IMO and he got the Death Penalty.

http://www.aoc.state.nc.us/www/public/sc/opinions/2003/145-02-1.htm

Although the circumstances in these cases are different than Florida v Casey Anthony, I believe that the aggravating factors, which I posted above, (my comment #34) will far outweigh the mitigating factors. Should Casey Anthony be found guilty of Murder 1, and I believe she will, I think that she will be put to death. I think that the factor of no significant history of criminal activity (even conviction of check fraud and lying to Law enforcement) will make one iota of difference or any of the other mitigating factors for that matter. I truly believe that Andrea Lyon has run out of arrows in her quiver to get the DP off in this case. IMO, there are too many of the aggravating factors that will convict Casey Anthony and be her final demise of death by lethal injection.

 

[sleutherontheside]

Here is a really intersting article discussing mitigation as a whole.
http://www.criminaljustice.org/public.nsf/941a6d5b3ad55cd485256b05008143fd/bee3ff4450880bb485256704006793eb?OpenDocument

A snippet...
Even in our harsh era of punishment inflation, where the death penalty is politically untouchable in election campaigns, mitigation continues to matter to capital juries. The challenge in death penalty litigation is to get beyond the derisive labels (e.g., Professor Alan Dershowitz’s “abuse excuse&#8221 in order to show juries that we are not offering excuses and to arouse their compassion by telling each client’s unique human story.

Investigating these life stories requires an extraordinary level of trust between the capital defense team15 and the client. Mitigation investigation invades the darkest, most shameful secrets of the client’s family, exposes raw nerves, re-traumatizes, scratches at the scars nearest the client’s heart. It is also cyclical, rather than linear, because the most intimate witnesses — family members and loved ones — will often oscillate between denial and disclosure as painful truths slowly unfold.16

Red highlighted by me......I think this has been thusfar, and will continue to be evident in this trial.
Please read the entire article for really good info.

 

[sleutherontheside]

I will bet dollars to doughnuts that AL will file a motion that the defense be heard last in the penalty phase.

 

[logicalgirl]

I'm not so sure there is anything in the Anthony family background that can really seriously be considered to be mitigating aggravating circumstances - I mean that I know we all believe the family unit is seriously disturbed, but it's not like Casey was brought up in a crack house, or moved from foster home to foster home, or that she was beaten, abused or introduced to drugs by her parents, or lived with hoarders, or had to work the streets or panhandle to support her child. Remember that poor woman in New York who was so seriously abused by her husband that her six year old daughter died? She was so battered over the years she was unrecognizable and couldn't string two sentences together. When you compare perky little Casey to her.....I just come up with ...huh?
I think Andrea has a really long road to travel on this one. Okay so her parents, especially Cindy is whacko, but by all appearances, Casey had things pretty good.

 

[Searchfortruth]

It does seem that any possible mitigating factor the defense tries to go with the state will be able to counter. In the case of the dysfunctional family argument, the state will counter with the things Casey was provided (free car, free rent, child paid for by Grandparents, etc). Add to that the fact that Casey didn't work, did not contribute to anything, stole from family and friends, and it paints a picture that isn't pretty.

Still the defense will have to come up with something in an effort to save their client from the DP. The thing I keep remembering are Cindy's statements to Jesse asking him how he could love someone that doesn't have a decent job, doesn't even take care of her own child. While this is not a poor kid growing up with a crack addicted mother, the jury may think that this qualifies as abuse. How do we know that Cindy didn't humiliate Casey many times before that in the same manner ? I am just saying that this could be the argument they will try to use. And no I don't think it will work, the aggravators far out weigh the mitigators in this case.

 

[wenwe4]

I just found this thread and have been posting on others (sorry) about these very topics. The defense is doing a good job in providing Jeanene the SW to KC for a psycho-social history and despite what we know about the aggravators vs. the mitigators - they will be digging for more info. It could be that KC is struggling with Bipolar disorder, Narcisistic or borderline personality disorder, impulsivity, post-partum depression, etc. All untreated and hidden by family members, in an effort to keep family secrets vs. attempting to seek help. Or there could be a fiduciary issue, like CA paying all of the insurance and medical costs for both KC and Caylee and didn't want to incur further expenses for mental health therapy. Just some fodder for contemplation